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Part ICopyright

Chapter XMiscellaneous and General

Interpretation

172General provisions as to construction

(1)This Part restates and amends the law of copyright, that is, the provisions of the [1956 c. 74.] Copyright Act 1956, as amended.

(2)A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.

(3)Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.

173Construction of references to copyright owner

(1)Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.

(2)Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.

174Meaning of “educational establishment” and related expressions

(1)The expression “educational establishment” in a provision of this Part means—

(a)any school, and

(b)any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State.

(2)The Secretary of State may by order provide that the provisions of this Part relating to educational establishments shall apply, with such modifications and adaptations as may be specified in the order, in relation to teachers who are employed by a local education authority to give instruction elsewhere to pupils who are unable to attend an educational establishment.

(3)In subsection (1)(a) “school”—

(a)in relation to England and Wales, has the same meaning as in the [1944 c. 31.] Education Act 1944;

(b)in relation to Scotland, has the same meaning as in the [1962 c. 47.] Education (Scotland) Act 1962, except that it includes an approved school within the meaning of the [1968 c. 49.] Social Work (Scotland) Act 1968; and

(c)in relation to Northern Ireland, has the same meaning as in the [S.I. 1986/594 (N.I.3).] Education and Libraries (Northern Ireland) Order 1986.

(4)An order under subsection (1)(b) may specify a description of educational establishment by reference to the instruments from time to time in force under any enactment specified in the order.

(5)In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.

(6)References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.

(7)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

175Meaning of publication and commercial publication

(1)In this Part “publication”, in relation to a work—

(a)means the issue of copies to the public, and

(b)includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

(2)In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means—

(a)issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or

(b)making the work available to the public by means of an electronic retrieval system;

and related expressions shall be construed accordingly.

(3)In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.

(4)The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly—

(a)in the case of a literary, dramatic or musical work—

(i)the performance of the work, or

(ii)the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

(b)in the case of an artistic work—

(i)the exhibition of the work,

(ii)the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship,

(iii)the issue to the public of copies of a film including the work, or

(iv)the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purposes of an electronic retrieval system);

(c)in the case of a sound recording or film—

(i)the work being played or shown in public, or

(ii)the broadcasting of the work or its inclusion in a cable programme service.

(5)References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.

(6)No account shall be taken for the purposes of this section of any unauthorised act.

176Requirement of signature: application in relation to body corporate

(1)The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—

(2)The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—

177Adaptation of expressions for Scotland

In the application of this Part to Scotland—

178Minor definitions

In this Part—

179Index of defined expressions

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—

account of profits and accounts (in Scotland)section 177
acts restricted by copyrightsection 16(1)
adaptationsection 21(3)
archivist (in sections 37 to 43)section 37(6)
article (in a periodical)sectio 178
artistic worksection 4(1)
assignment (in Scotland)section 177
authorsections 9 and 10(3)
broadcast (and related expressions)section 6
buildingsection 4(2)
businesssection 178
cable programme, cable programme service (and related expressions)section 7
collective worksection 178
commencement (in Schedule 1)paragraph 1(2) of that Schedule
commercial publicationsection 175
computer-generatedsection 178
copy and copyingsection 17
copyright (generally)section 1
copyright (in Schedule 1)paragraph 2(2) of that Schedule
copyright ownersection 101(2) and 173
Copyright Tribunalsection 145
copyright worksection 1(2)
costs (in Scotland)section 177
countrysection 178
the Crownsection 178
Crown copyrightsections 163(2) and 164(3)
defendant (in Scotland)section 177
delivery up (in Scotland)section 177
dramatic worksection 3(1)
educational establishmentsections 174(1) to (4)
electronic and electronic formsection 178
employed, employee, employer and employmentsection 178
exclusive licencesection 92(1)
existing works (in Schedule 1)paragraph 1(3) of that Schedule
facsimile copysection 178
filmsection 5
future copyrightsection 91(2)
general licence (in sections 140 and 141)section 140(7)
graphic worksection 4(2)
infringing copysection 27
injunction (in Scotland)section 177
interlocutory relief (in Scotland)section 177
international organisationsection 178
issue of copies to the publicsection 18(2)
joint authorship (work of)sections 10(1) and (2)
judicial proceedingssection 178
librarian (in sections 37 and 43)section 37(6)
licence (in sections 125 to 128)section 124
licence of copyright ownersections 90(4), 91(3) and 173
licensing body (in Chapter VII)section 116(2)
licensing scheme (generally)section 116(1)
licensing scheme (in sections 118 to 121)section 117
literary worksection 3(1)
made (in relation to a literary, dramatic or musical work)section 3(2)
musical worksection 3(1)
the new copyright provisions (in Schedule 1)paragraph 1(1) of that Schedjule
the 1911 Act (in Schedule 1)paragraph 1(1) of that Schedule
the 1956 Act (in Schedule 1)paragraph 1(1) of that Schedule
on behalf of (in relation to an educational establishment)section 174(5)
Parliamentary copyrightsections 165(2) and (7) and 166(6)
parliamentary proceedingssection 178
performancesection 19(2)
photographsection 4(2)
plaintiff (in Scotland)section 177
prescribed conditions (in sections 38 to 43)section 37(1)(b)
prescribed library or archive (in sections 38 to 43)section 37(1)(a)
programme (in the context of broadcasting)section 6(3)
prospective owner (of copyright)section 91(2)
publication and related expressionssection 175
published edition (in the context of copyright in the typographical arrangement)section 8
pupilsection 174(5)
rentalsection 178
reprographic copies and reprographic copyingsection 178
reprographic processsection 178
sculpturesection 4(2)
signedsection 176
sound recordingsection 5
sufficient acknowledgementsection 178
sufficient disclaimersection 178
teachersection 174(5)
telecommunications systemsection 178
typefacesection 178
unauthorised (as regards things done in relation to a work)section 178
unknown (in relation to the author of a work)section 9(5)
unknown authorship (work of)section 9(4)
wireless telegraphysection 178
work (in Schedule 1)paragraph 2(1) of that Schedule
work of more than one author (in Chapter VII)section 116(4)
writing and writtensection 178